Re: CSI: Miami 12/17/2007

In article 
<ANIM8Rfsk-0549B3.22304319122007@[EMAIL PROTECTED]
>,
 Anim8rFSK <ANIM8Rfsk@[EMAIL PROTECTED]
> wrote:

> In article <atropos-F257EC.00061320122007@[EMAIL PROTECTED]
>,
>  Thanatos <atropos@[EMAIL PROTECTED]
> wrote:
> 
> > Yeah, no ****. It's bad enough when every single criminal
spontaneously 
> > confesses to the crime, thereby negating all of the constitutional 
> > violations Horatio's team makes in the course of their investigations 
> > (if it weren't for these bizarre confessions, Horatio's team would
have 
> > a rock-bottom conviction rate) but this time we have an experienced
FBI 
> > agent who just spills the entire thing to Horatio and the girl who 
> > always looks like she's about to go clubbing on South Beach.
> 
> How much does it matter that the guy confesses when he's being 
> questioned and hasn't been given his rights anyway?

Depends on whether it's a custodial interrogation or not. If it's been 
made clear to him that he's not under arrest and he's free to go if he 
wants to, the Miranda warning is not required.

This situation was somewhat unclear. It turns out that they weren't 
gonna arrest him but at the same time, they had uniformed goons standing 
in the wings like bouncers so if it came down to it, it would be up to 
the judge to decide if it was custodial or not.